Oct 14, 2017

Clarification On Third Party Assistance In Filing Claim

     This is from Social Security's Emergency Message EM-17032:
... A third party can help a claimant file for disability benefits by completing an iClaim for DIB or DIB/SSI. Once the third party submits the iClaim, the claimant receives an Internet Application Summary by mail to review, sign, and return to a field office (FO) or workload support unit (WSU). ...
     I post this -- and Social Security issued it -- because at times past some agency employees have felt it was improper, even illegal, for a third party, such as an attorney, to complete an online claim form at the behest of a claimant. This always seemed ridiculous to me but it must still make some sense to Social Security since they are still insisting that if a third party completes the online form, what has been filed is only a protective filing date until the claimant puts her or her "wet signature" on a piece of paper.
     I've often wondered whether someone could make a living just charging people a fee for helping them file their Social Security claims of all sorts; not representing them just helping them file claims. Social Security would probably try to hassle anyone who did this by insisting they get any fees they charge approved case by case even though there would be no real representation but should they? People need better help than they're getting from the Social Security Administration. Their employees do their best but the agency is understaffed and unable to deliver service at the level many people need.

7 comments:

Anonymous said...

I wish the social security administration would make the online services more functional. In other words,all forms had the ability to be electronically submitted and an option for myssa to communicate a need for those forms electronically.


SSA should demand a bigger budget for online service,state level adjudicators with independant discretion and less $100,000+ ALJS.

Anonymous said...

Well this sounds more informative to the claimant then having your mother "volunteer" to file claim after claim over the years on your behalf without informing you they have nor SSA informing you. You find out all the gory horrors when you file on your own later :-)

Anonymous said...

For people with some types of disabilities, the claim filing process would not be accessible without third party help.

Anonymous said...

I have not seen it as a stand alone business, but I have seen a business that was providing assistance with filing RIB and getting Medicare set up along with providing information on supplemental insurances and other Medicare costs. I have also seen a specialist that provides service for fee in assisting with LTC Medicaid applications. I have not seen anyone trying to make a go of assisting with applications for DIB for a fee, mostly because those individuals do not have the ability to pay for the services under most circumstances and there is no fee agreement to rely on direct government payment. I have seen a few social service providers that perform assistance with filing, but they do not do a huge number of applications.

Anonymous said...

The homeless service providers do this. There's a whole program built around helping homeless people apply for and pursue their claims. It's called SOAR: SSI/SSDI Outreach, Access & Recovery. https://soarworks.prainc.com/

It's a really big help in getting claimants benefits, where there is adequate medical care. But these are done not as a fee based service, but in connection with nonprofit agencies or stand alone grant programs.

Anonymous said...

Again, Most but not all CILS and AAoA provide application assistance as well as some SHIPs.

Anonymous said...

It's not illegal for a 3rd party to file, as long as they mark they are a third party. That said there are reps who select filing for self, which is illegal as they are now impersonating the client. The difference being that by marking filing for self when you hit submit you are electronically signing the application. 3rd party's cannot sign the app for the client. Why woukd they do this? FO's don't work 3rd party cases til the signed app arrives.